Books like Distant Justice — picked by fans

David Bosco is a journalist with excellent academic credentials. In this book, he produces work that is a superb combination of both. It is a riveting read, but also lays bare some of the key dynamics underlying how the International Criminal Court operates.

I know it’s a bit dated by now, but so many of the dynamics that Bosco discusses continue to be essential to understanding why international criminal justice isn’t just about the impartial application of the law but also can’t escape global power politics. I and many others interested in studying international criminal justice from a political angle continue to use it as a reference work. 

Mark Kersten is one of the world’s leading authorities on the role that criminal justice plays in conflict. This book is my favorite guide to understanding the effect that international criminal courts and tribunals can have in the midst of an ongoing conflict because Kersten studies the multifaceted effects that ICC intervention has.

In contrast to the advocates and skeptics, Kersten argues we should remain agnostic and also accept that the ICC may sometimes have no effect at all. I also think it’s a great example of how careful fieldwork in fragile contexts can lead to important insights on the validity of some of our assumptions of how international criminal justice works. 

If you want to have an informed conversation about the effectiveness of international criminal justice, it is vital to understand two things. One, that whether or not it’s effective entirely depends on how you measure ‘effectiveness’. And two, that the local context in which an international court operates is going to have a major effect on how effective it can be at anything.

I enjoyed Wierda’s book because she clearly works out these important starting points and studies the ICC’s impact in four very different countries: Afghanistan, Colombia, Libya and Uganda. She also is careful to distinguish between different kinds of effectiveness (systemic, transformative, reparative and demonstrative), enabling us to have much more sophisticated conversations about the results of ICC interventions. 

Since international criminal courts and tribunals do not have their own police powers, they’re always dependent on the cooperation of others for the execution of their arrest warrants. Important here is that most of these courts do not allow for trials without the suspect in custody, making arrests a key condition for their effectiveness. I have always found the stories behind why some fugitives get arrested and others do not one of the most fascinating parts of international criminal justice.

This book tells the stories of several high-profile fugitives and how they were ultimately (not) arrested. It not only often reads like a detective thriller but also emphasizes the strong dependence on “the ebb and flow of political will” of states. 

The story of a horrific miscarriage of justice in rural Canada in 1959. Fourteen-year-old Steven Truscott was charged with the rape and murder of a 12-year-old schoolmate, mostly because he was the last person seen with the victim, riding a bike along a country road. Today, modern crime analysts would look at this case and see immediately that the likely perpetrator was an adult pedophile, not an adolescent boy. But at the time, local law enforcement jumped to the wrong conclusion. Steven was convicted and sentenced to death by hanging, and although the sentence was commuted on humanitarian grounds, he spent ten years in prison. It took more than four decades of work by attorneys, and a few diligent journalists, to clear Steven’s name. This book tells the whole tale.

I love this book because it reminds me how much of criminal justice history ultimately comes down to ordinary people refusing to give up.

Gideon was not powerful, wealthy, educated, or politically connected. Yet his handwritten petition transformed the constitutional right to counsel in America. As both a lawyer and teacher, I find this story endlessly inspiring because it shows how fragile and unfinished our legal protections really are.

I have recommended this book to students for years because it captures why the right to counsel matters in human terms rather than abstract doctrine.

This book covers how junk science leads to wrongful convictions. In this instance, it is bite analysis. The two men at the center of this story are Steven Hayne, the cadaver King, and Michael West, the Country Dentist.

The author focuses on one case, but these two men are responsible for several questionable convictions based solely on their testimony. As bad as these two are, you will be equally outraged by the incompetent judges, jurors, prosecutors, and defense attorneys that populate the stories of wrongful convictions covered in this book.

Is our criminal justice system too harsh or too lenient on crime? To answer this question, Barry Latzer, retired professor at John Jay, offers both facts and historical perspective in his history of punishment since colonial days. Latzer does not gloss over the historic racism and cruelty of policing in the U.S. but shows that today most people in prison are actually there for committing violent crimes, and that the new technology of “e-carceration” can further reduce prison populations while improving public safety.

Forman’s book is a must-read to learn why the War on Crime was not merely the work of one party or one racial group in society. Indeed, a number of people of color, including black mayors and black chiefs of police, strongly supported tough-on-crime measures.

The book raises the question of what it will take to reverse the trends of mass incarceration, given these realities.

Gilmore's Golden Gulag helps us see why California is one of the wealthiest economies on the planet, but also home to the largest carceral system in the world.

She connects the evaporation of the social safety net and disruptions to stable employment by global capitalism to provide the answer: California uses prisons to absorb the surplus labor created by the greed, racism, and inequality of the global economy.

Read this book, and you will understand why, in my book, so many people I wrote about were pushed through our carceral system in California and never returned home.